eThekwini Municipality: Child Care Facilities By-law 2015
Commences on 22 April 2016 unless otherwise noted
1. DefinitionsIn this By-law, unless the context indicates otherwise– "Act" means Children’s Act No. 38 of 2005, including the regulations made under that Act; "adequate" means that which is adequate in the reasonable opinion of the Municipality after having regard to applicable law and guidelines; "approved" means that which has been approved by the Municipality, after having regard to the reasonable environmental health requirements that may apply in the circumstances; "approved premises" means any premises that have been approved for the operation of a child care facility and in respect of which a health compliance certificate has been issued; "authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to─ (a) peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); (b) municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and (c) such employees, agents, delegated nominees, representatives and service providers of the municipality as are specifically authorised by the municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer; "certificate of acceptability" means a certificate of acceptability issued by the Municipality in terms of the Regulations Governing General Hygiene Requirements For Food Premises and the Transport of Food made in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972) and published by Government Notice R962 of 23 November 2012; "child" means any person under the age of 18 years and “children” has a corresponding meaning; "child care facility" means any premises at which children are provided with temporary or partial care apart from their parents, whether for profit or otherwise, and excludes– (a) boarding schools; (b) school hostels; and (c) any establishments which operate mainly for the tuition or training of children and which are controlled by the State or registered or approved by the State; "compulsory school-going age" means the age at which it is compulsory for a child to enter grade 1 in terms of the applicable law; "council" or “municipal council” means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution; "health compliance certificate" means: (a) in the event of a child care facility where a maximum of six children are to be accommodated, the certificate issued by the Municipality for the purposes of registration in terms of this by-law ; or (b) in the event of a child care facility where seven or more children are to be accommodated, a certificate issued by the Municipality for the purposes of registration in terms of the Act, and which confirms that the premises, and the facilities and services available on those premises, comply with this By-Law; "health compliance certificate holder" means a person to whom a health compliance certificate has been issued in terms of this By-law, and includes– (a) a legal person; (b) a partnership; (c) an association; (d) a trust; and (e) a person acting on behalf of a health compliance certificate holder; "Municipality" means the eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of South Africa and established in terms of Provincial Notice No. 343 of 2000 (KZN); "municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council; "National Building Regulations" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) and any amendments thereto; "person in charge" includes– (a) the owner of a child care facility; (b) the principal of a child care facility; and (c) any person who is apparently in control of a child care facility; "play area" means a portion of a premises set apart for children to play; "premises" means any land or building or part of any land or building in or on which a child care facility is operated; and "suitable" means that which is suitable in the reasonable opinion of the Municipality.
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
3. Objects of By-lawThe objects of this By-law are to– (a) regulate the operation of child care facilities by requiring operators to apply for a health compliance certificate; (b) ensure that the premises on which child care facilities are operated are ageappropriate and suitable for the health and well-being of children; (c) impose minimum safety standards; and (d) make provision for the medical care of children while attending child care facilities.
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality.
5. Existing child care facilities
6. Application for a Health compliance certificate
General requirements for premises
7. Compliance with National Building Regulations
8. Indoor play areas
9. Outdoor play areas
11. Washing facilities
14. Seating and resting
Additional requirements for toilets: children under and over the age of 3
16. Toilets: older than three years
17. Toilets: under three years
Additional requirements for premises: after care centre
18. Separate facilities for after-care centreIf a child care facility cares for children of compulsory school-going age and children under compulsory school-going age on the same premises, facilities available for the children of compulsory school-going age must be separate from the facilities available for the children under compulsory school-going age.
19. Indoor study area
20. Staff toilet and hand-washing facilities
21. Bathroom facilities of staff resident on the premisesIf any staff member of a child care facility resides on the premises on which the child care facility is operated, the toilet and bathroom facilities for the staff must be easily accessible from their living quarters.
Safety and medical care
23. Medical care for children
24. SafetyThe person in charge of a child care facility must ensure that─ (a) the children are under constant adult supervision and adequately protected against fires, hot water installations, electrical fittings and appliances, heating appliances and any other object or thing which may be dangerous or cause injury to any child; (b) adequate fire extinguishers are provided and that the premises otherwise comply with the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977); (c) if the children are under compulsory school-going age, any slats or rails forming part of a fence, security gate, playpen, bed, cot, balustrade or any other object or structure whatsoever are− (i) not more than 75 mm apart; (ii) suitably installed and maintained in a good state of repair; (iii) painted only with non-toxic paint; and (iv) not less than 1m high, with the exception of fences which must, in terms of section 15(2), be not less than 2m high; (d) all medicines, pesticides, detergents and other substances that may be harmful to children are locked in a storage facility and are stored so as not to be accessible to any child; (e) no noxious or poisonous plants or shrubs grow on the premises; (f) no animal is kept on the premises without the approval of the authorised official; (g) no person known or suspected to be suffering from an infectious or contagious disease or who has been in contact with such a person is allowed on the premises while that person is, in the opinion of the authorised official, capable of transmitting the infectious or contagious disease; (h) if the children are under compulsory school-going age, no swimming pool, sand pit or other structure is permitted on the premises without the approval of the authorised official; and (i) any reasonable measures that may, in the opinion of the authorised official, be necessary to protect the children from any physical danger are taken.
25. MaintenanceAny person in charge of a child care facility must ensure that every part of the premises on which the child care facility is operated, including any outdoor area and all structures and equipment, is maintained in good repair and in a clean and tidy condition.
26. RefuseAny person in charge of a child care facility must provide─ (a) an adequate number of bins with liners, inside the premises, for the disposal of paper, paper towels, tissues and other waste materials; (b) an approved refuse area, which is roofed and is graded to a gully and fenced; and (c) adequate refuse bins within the refuse area for the storage of refuse pending removal by the Municipality or an approved contractor.
28. MealsAny person in charge of a child care facility must ensure that, if meals are provided for children, the meals meet the requirements of the relevant authority.
30. Applications for admission
31. Medical reportsThe person in charge of a child care facility must, at the same time that the application form is completed, obtain from the parent or guardian of each child admitted to the child care facility a report which contains the following minimum information: (a) the child's general state of health and physical condition; (b) the nature and dates of any operations that the child has undergone; (c) the nature and dates of any illnesses or communicable diseases that the child has suffered from; (d) the details of allergies that the child suffers from; (e) information about any medical treatment that the child is undergoing or has undergone; and (f) if the child is under compulsory school-going age, the details of any immunisation that the child has received.
32. RegistersThe person in charge of a child care facility must keep– (a) a general register in which is recorded the details listed in sections 30(2) and 31 regarding every child presently admitted at the facility; and (b) an attendance register in which is recorded the presence or absence of each child on a daily basis and, in the case of absence, the reasons for the absence.
33. Incident bookThe person in charge of a child care facility must keep a journal, diary or other similar book in which important or significant events relating to the child care facility and the children, including illnesses and accidents, and the details of medications administered, are recorded.
34. Communication bookThe person in charge of a child care facility must ensure that each child is issued with a communication book which is sent home with the child each day and which provides the basis for communication between the child care facility and parents.
35. Retention of records
36. Suspension or termination of operationA health compliance certificate holder must notify the Municipality in advance and in writing if he or she intends suspending or terminating the operation of the child care facility to which his or her health compliance certificate relates.
Offences, penalties and withdrawal of certificates
39. Withdrawal of health compliance certificatesThe Municipality may, in its discretion, withdraw a health compliance certificate and a certificate of acceptability where applicable– (a) if the health compliance certificate holder is convicted of a breach of any of the provisions of this By-law; or (b) where a change in legislation necessitates a withdrawal.
40. Right of entry and inspection of premises and recordsA duly authorised official of the Municipality may, for any purpose connected with the enforcement of this By-law, at all reasonable times and without prior notice enter any premises– (a) on which a child care facility is being operated; or (b) if he or she has reasonable grounds to suspect that a child care facility is being operated on the premises, in order to carry out such examination, inquiry or inspection on the premises as he or she may deem necessary.
43. Repeal of laws and savings
44. Short title and commencementThis By-law is called the eThekwini Municipality: Child Care Facilities By-law 2015, and takes effect six months from the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
ScheduleLAWS REPEALED (Section 43(1))
|Number and year of law||Title||Extent of repeal|
|By-law No. 94 of 1991||City of Durban: Childminder Service By-law whole||The whole law|